Former city manager's pension payments focus of dispute

The city had Los Angeles-based attorney Steve Berliner send CalPERS an email Monday that explained the city's position.

"The city disagrees with your conclusion that the seniority pay is final settlement pay," he wrote. "The payments at issue were his exact pay, no more or less, and therefore equal to his compensation earnable."

In the event that CalPERS already has made a determination on the matter, Berliner said his email should be considered the city's appeal of that determination.

Temecula Mayor Mike Naggar said that it's his understanding the leave should be counted toward Nelson's time of service just as two weeks taken for a vacation wouldn't count against the years of service for an employee.

"However, this determination will ultimately be made by CalPERS," he added.

Nelson, who is being considered for a consultant position in Menifee, said Wednesday that he has no plans to appeal CalPERS' decision on the matter if the agency determines the leave doesn't count toward his Temecula service time.

"I want to be fully in compliance with what CalPERS says," he said, adding that he knew going in that a city manager position was "24/7."